LEUNG YAN v. THE QUEEN

CACC001222/1976

 

IN THE HIGH COURT OF JUSTICE

(Appellate Jurisdiction)

 

CRIMINAL APPEAL NO. 1222 OF 1976

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BETWEEN
	LEUNG Yan	Appellant
	and
	THE QUEEN	Respondent

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Coram: Li, J.

Date of Judgment: 9th December, 1976

 

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JUDGMENT

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1. The appellant was convicted of the offence of robbery and was sentenced to imprisonment for a period of fourteen months. He appealed against conviction as well as against sentence. For reasons I have already given his appeal against conviction is dismissed.

2. However, as to the question of sentence I find that in the circumstances a term of fourteen months imprisonment is manifestly excessive. In so saying I take into consideration that this is the appellant's first offence, that at the time of the offence no actual violence or physical violence was used on the victim. The victim was obviously frightened, but she was able to bring enough courage to chase after the appellant, as a result of which the appellant was caught.

3. I also take into consideration the Probation Officer's favourable report and his family background. This offence was committed at the time when greed came over the appellant. This is not to say that I take offences of robbery in a light-hearted manner. Learned Crown counsel very fairly supported the suggestion that the appellant be given a chance. I also take into consideration that the appellant had been in custody since the 1st of October. By this time I hope that he might have learned his lesson. For these reasons I am prepared to vary the sentence to the extent that the sentence of imprisonment be substituted by a Probation Order for a period of eighteen months. I should say that this is a very exceptional case, I would not say that, in future, all like offences will be dealt in the same way.

  

Representation: